When you are dealing with the aftermath of a car accident, there are so many important and necessary factors that you have to take into consideration. Otherwise, you risk jeopardizing your claim when you need to file one. It is important that you retain the services of an experienced car accident lawyer who can make sure you do everything you need to do. Understanding the California car accident statute of limitations is also very important for your case.
What Is California’s Statute of Limitations for Car Accidents?
There are many different California traffic laws you need to obey in the event of an accident, including adhering to the statute of limitations. Every state in the country has a specific statute of limitations for car accident claims in that state, including California. A statute of limitations is a specific length of time within which you can try to file a claim for your accident. Sometimes, you may wait too long to file your claim, and you are no longer within the statute of limitations. That’s the last thing you want to happen to your case, and a good lawyer never lets that happen.
When you decide to file a claim against the party that caused your accident, it is vital that you pay close attention to California’s statute of limitations for personal injury cases, which include car accident cases. In California, the statute of limitations is two years. That means you will have two years from the date of your accident in which you can establish the reason for your claim, build up a decent case, gather evidence, speak with a lawyer, and file.
If you cannot file your case before two years have passed, there is a good chance that your case will be dismissed outright, your claim will be denied, and your chance to pursue compensatory damages from the liable party will pass by with zero legal action taken. Building a strong car accident case can take a lot more time than you might think, so it is important that you start building yours as soon as you can.
If you are worried that you might not have a strong enough case, bring everything you have so far to an experienced California car accident lawyer. Once you hire an attorney, they can investigate your case to uncover further proof that backs up your story. They can also manage your claim while you rest and heal from your injuries
Additional California Accident Laws
For car accidents, there are many different laws in place in California to make sure everything is handled smoothly or, at least, as smoothly as possible. To start, every car accident in California has to be reported to the proper authorities within 10 days of the accident. You must report the accident to the California Department of Motor Vehicles (DMV) using an SR-1 report. If you don’t do that, either your insurance agent or legal representative has to.
If the accident involves an injury, a death, or significant property damage, the SR-1 report must be filled out. If you don’t fill out this report, you might lose your ability to drive in California.
FAQs
How Long After a Car Accident Do You Have to File a Claim in California?
In California, you have two years to file a claim for damages after a car accident. The state gives you two years to start your case, accumulate evidence, find a lawyer, and file a claim to obtain compensation. If you can’t file your claim within two years, you might lose your chance to file for damages. A good lawyer can make sure you don’t miss this deadline by preparing your case for you.
How Long Can a Car Insurance Claim Stay Open in California?
Once a car insurance claim has been opened in California, the insurance company has 85 days to settle it. The company has 15 days to acknowledge the claim’s existence. Then, they have 40 days to either accept or dismiss the claim. Finally, the company must begin an investigation within 30 days and pay the right people their compensation benefits. If they can’t settle the claim immediately, they’ll have to settle it within 40 days of receiving the forms.
Do I Need a Lawyer for a Car Accident Claim?
Technically, you are not required to hire a lawyer for a car accident claim. If you want to pursue legal action on your own, you are well within your legal rights to do so. There is no law that says you need to hire a lawyer. Still, it is recommended that you retain legal counsel whenever you are dealing with some sort of legal strife. Having someone in your corner who understands the law can only benefit your case.
How Much Does a Car Accident Lawyer Cost in California?
In California, most car accident lawyers work on a contingency-fee basis, so there are no upfront costs to hire one. They will only get paid if they can secure compensation on your behalf. The exact fee will be agreed upon at the outset of your claim. Every car accident lawyer will charge a different amount based on their qualifications and the situation, including their experience, their education, their resources, and the difficulty of the case.
Reach Out to an Experienced Car Accident Lawyer Today
Understanding the statute of limitations for car accident cases in California is important for knowing when to file your case. An experienced car accident lawyer can make sure you don’t miss any important deadlines, including keeping your case within the statute of limitations’ two-year window. Otherwise, you could miss out on compensation entirely.
The legal team at Easton & Easton understands what you need and can provide you with consistent legal advice throughout the duration of your case. We can build a convincing case, gather the right evidence, and keep your interests protected throughout the process. Contact us to schedule a consultation with a valued team member today.
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